A 2007 agreement between BC Hydro and Alcan to purchase hydroelectricity generated by a dam built in the Carrier Sekani territory in the 1950s did not trigger the Crown's duty to consult because the agreement did not have a new adverse impact on the Carrier Sekani's claimed Aboriginal rights. Where past, rather than current or proposed action, had an adverse impact, there is no present duty to consult. In that situation, the process should involve negotiation over compensation for construction of the dam without proper consultation at the time it was proposed and built. See also Thomas and Saik'uz First Nation v Rio Tinto Alcan Inc. (2022), involving the same dam.